Wagner v. Messner, Aud.

By the Court.

The principal question of law involved is stated by counsel for plaintiffs, appellants herein, as follows:

“Where a property owner did not avail himself of his statutory remedies, is he barred from seeking to enjoin, under Section 12075 of the General Code, the collection of assessments for the construction of a sanitary sewer, the proceedings for which were properly had and notice given before the improvement was made, when the circumstances are such that the improvement was not and cannot be of any benefit to his land?” (Italics ours.)

The Court of Appeals relied upon the case of…